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may 2006

Supreme Court of India · 2006-05-11

M/S Quinn India Ltd vs Commissioner Of Central ...

Citation / case number
AIRONLINE 2006 SC 658
Court
Supreme Court of India
Petitioner
M/S Quinn India Ltd
Respondent
Commissioner Of Central ...
Author
Lokeshwar Singh Panta
Bench
Ashok Bhan, Lokeshwar Singh Panta

Judgment text excerpt

The Supreme Court, while adjudicating on the appeal under Section 35L of the Central Excise Act, 1944, held that the classification of goods for excise duty must align with their commercial identity and usage. The Court found that the Tribunal erred in its classification of the product 'Penetrator-4893', emphasizing that the product's characteristics and market perception should guide its tariff classification. Consequently, the Court upheld the Tribunal's decision to set aside the earlier orders, affirming the Revenue's stance on the classification under the appropriate tariff heading.

M/S Quinn India Ltd vs Commissioner Of Central ... · Niyam